Filing Dates for H-2B Visas and Fee Changes

HI INDIA NEWS DESK
WASHINGTON, DC- U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated cap for H-2B visas for the second half of fiscal year (FY) 2024. Petitions for new cap-subject H-2B workers with employment start dates on or after April 1, 2024, and before Oct. 1, 2024, were accepted until March 7, 2024. Any petitions received after this date for the specified period will be rejected.

Exemptions to the cap include petitions for current H-2B workers in the United States seeking to extend their stay or change their employment terms, fish roe processors and technicians, supervisors of fish roe processing, and workers in the Commonwealth of the Northern Mariana Islands and/or Guam until Dec. 31, 2029.

For the remaining supplemental H-2B visas available under the FY 2024 H-2B supplemental visa temporary final rule, USCIS and the Department of Labor (DOL) have established filing dates based on employer needs:

For Nationals of Specific Countries: USCIS will begin accepting petitions for employers seeking workers from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica with employment start dates from April 1, 2024, to Sept. 30, 2024, starting March 22, 2024.

For Returning Workers (Early Second Half of FY 2024): Employers seeking returning workers for the period from April 1 to May 14, 2024, can file petitions for the additional 19,000 visas beginning March 22, 2024.

For Returning Workers (Late Second Half of FY 2024): Employers seeking returning workers for the period from May 15 to Sept. 30, 2024, can file petitions for the additional 5,000 visas starting April 22, 2024.

Petitions under the temporary final rule must be received by USCIS by Sept. 16, 2024, or until the applicable cap is reached, whichever comes first.

Furthermore, USCIS has reminded stakeholders of upcoming changes in fees and form editions for H-2B petitions. A final rule adjusting fees for immigration applications and petitions will take effect on April 1, 2024. Beginning on this date, petitions postmarked must include the new fees and be filed using the 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. USCIS has provided a preview version of the 04/01/24 edition of Form I-129 for reference.

For additional details on FY 2024 supplemental visas and fee changes, visit the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page.